Chapter

The General Economic Torts: Conclusion

Hazel Carty

in An Analysis of the Economic Torts

Second edition

Published in print November 2010 | ISBN: 9780199546749
Published online January 2011 | e-ISBN: 9780191594946 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199546749.003.0008
The General Economic Torts: Conclusion

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This chapter considers the two 21st century decisions of the House of Lords concerning the general economic torts: OBG and Total Network. Though in both decisions the House of Lords attempted to resolve some uncertainties, a clear view of these torts — both in relation to their ingredients and their framework — is lacking. A critical review of both decisions is followed by a discussion of the growing academic debate concerning this area of tort law. Three possible agendas for the torts are outlined: the extended civil party agenda, the two-party civil liability agenda as a supplement to the first agenda, and the extended civil liability agenda for both the direct and indirect infliction of economic harm. There is a concluding suggestion as to the most coherent way forward offered.

Keywords: OBG; Total Network; extended civil party agenda; extended civil liability agenda; House of Lords; general economic torts

Chapter.  10843 words. 

Subjects: Intellectual Property Law

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